Opinion
Case No. 13-cv-12592
2013-09-24
ANDREA L. SLEZAK, f/k/a Andrea L. Schaefer, Plaintiff, v. NATIONSTAR MORTGAGE, LLC, and FEDERAL HOME LOAN MORTGAGE CORPORATION, Defendants.
Honorable Thomas L. Ludington
Magistrate Judge Charles Binder
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING
DEFENDANTS' PARTIAL MOTION TO DISMISS
Defendants Nationstar Mortgage and Federal Home Loan Mortgage filed a motion to dismiss Count 2 of Plaintiff's complaint. On September 4, 2013, Magistrate Judge Charles E. Binder issued a report recommending the motion be granted. Judge Binder maintained that Plaintiff had not averred any irregularity or defect in the foreclosure proceeding that would provide Plaintiff with standing to pursue Count 2 of the Complaint. Rep. & Rec. 8, ECF No. 13. As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The election to not file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that the magistrate judge's report and recommendation, ECF No. 13, is ADOPTED.
It is further ORDERED that Defendants' motion to dismiss, ECF No. 8, is GRANTED and Count 2 of Plaintiff's Complaint is DISMISSED.
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THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was
served upon each attorney or party of record herein by
electronic means or first class U.S. mail on September 24, 2013.